Machhindra Ramchandra Jadhav v. The State Of Maharashtra

by ARUNA SANDEEP TALWALKAR Date:

2025.05.28 12:45:46 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1963 OF 2025 IN REVISION APPLICATION NO. 225 OF 2025 Machindranath Ramchandra Jadhav.

... Applicant.

Versus

State of Maharashtra.

... Respondent.

**** Mr. Rishi Bhuta i/b. Mr. Chaitanya Malgaonkar, Advocate for Applicant. Mr. Mayur Sonavane, APP for Respondent/State. Mr. Sandeep Namdeo Zagade, B. No. HC 1544, Vaduj Police Station, Satara.

**** CORAM :

ASHWIN D. BHOBE, J.

DATE :

26th MAY, 2025 (VACATION COURT) P.C. :

1.

Heard the learned Advocate Mr. Rishi Bhuta and the learned APP for State.

2.

Challenge in the accompanying revision application is to the conviction of the Applicant under Section 279, 337, 338 of the Indian Penal Code.

3.

The learned Counsel for the Applicant states that during the pendency of criminal appeal bearing No. 6 of 2021, the learned

Appellate Court has suspended the sentence imposed by the Trial Court and released the applicant on bail. He states that the Applicant had abided by all the conditions of bail and he was regular in his appearance before the Appellate Court in Criminal Appeal No. 6 of 2021. He submits that on 05.05.2025 Criminal Appeal No. 6 of 2021 was rejected and consequently, the Applicant was taken in custody. Since 05/05/2025 the Applicant is in custody.

4.

The learned APP for the State has opposed the present application on the ground that the conviction awarded to the Applicant by the trial Court is now confirmed in Criminal Appeal No. 6 of 2021. There is sufficient evidence on record to indicate that the applicant was rash and negligent in driving. He therefore, submits that no indulgence be shown to the Applicant.

5.

The Applicant having abided by the terms and conditions imposed by the Appellate Court while suspending the sentence in Criminal Appeal No. 6 of 2021 and the appellant being regular in his attendance in Criminal Appeal No. 6 of 2021 before the Appellate Court are facts which are not disputed by the learned APP. In view of the above and more particularly, the Applicant being on bail during the pendency of the Criminal Appeal No. 6 of 2021, this Application is allowed.

ORDER

(a) The Application is allowed.

(b) The sentence awarded by the learned Trial Court in SCC No. 431 of 2015 on 9th March, 2021 is suspended pending hearing and disposal of the Criminal Revision Application No. 225 of 2025. (c) Pending the hearing and disposal of the Criminal Revision Application No. 225 of 2025, the Applicant shall be released on bail upon furnishing P.R. Bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the learned Judicial Magistrate First Class, Vaduj, District Satara.

(d) The Applicant shall remain present before this Court on all the dates of hearing in Criminal Revision Application No. 225 of 2025 unless exempted by this Court.

(e) Upon release, the Applicant shall furnish his residential address alongwith proof and contact numbers to the Officer in-charge of Vaduj Police Station.

(f) The Application is disposed of in the above terms. (ASHWIN D. BHOBE, J.)